(1)

Authority. The provisions of this chapter are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter.

(2)

Types of Use. All of the uses listed in the following use Table summary are defined and described in Appendix A: Definitions. The following paragraphs serve as a key to the summary table and indicate how each specific use is treated.

(a)

Uses Permitted By Right. A "P" indicates that a use is allowed by right. Such uses are subject to all other applicable Ordinances.

(b)

Conditional Use Permit Required. A "C" indicates that a use is allowed only if approved by a Conditional Use Permit by the City Council in accordance with the procedures in Section 4-5-53. Conditional Uses are subject to all other applicable regulations of this chapter, including the additional listed standards contained in Section 4-5-53.

(c)

Specific Use Permit Required. An "S" indicates that a use is allowed only if approved by a Specific Use Permit by the City Council in accordance with the procedures in Section 4-5-54. Specific Uses are subject to all other applicable regulations of this chapter, including the additional listed standards contained in Section 4-5-54.

(d)

Uses Not Allowed. A cell with the symbol " - " indicates that a use is not allowed.

(e)

Uses Not Listed. The City Manager or his/her designee shall use the district purpose statements in Article IV to determine the proper placement of a use that is not listed. The addition of a use and definition shall require an amendment to the text of the zoning ordinance.

(Ord. No. 581, § 5.1, 1-22-07; Ord. No. 581-P-2020, § 6, 4-7-20)

The following table (Table 1) presents the uses that are allowed in each Zoning District, in accordance with all standards and regulations of this chapter.

Table 1: Uses

Key:

P =

Permitted use

C =

Conditional use

S =

Specific use

- =

Not permitted

RESIDENTIAL USES

CIVIC USES

COMMERCIAL USES

INDUSTRIAL USES

(Ord. No. 581, § 5.2, 1-22-07; Ord. No. 581-C-2008, § I, 4-15-08; Ord. No. 581-K-2017, § II, 4-4-17; Ord. No. 581-P-2020, § 7, 4-7-20)

(1)

A Conditional Use Permit is intended to provide some flexibility to traditional zoning by offering a mechanism to balance specific site constraints and development plans with the larger interest of the community and the integrity of the Zoning Ordinance. The Permit, if granted, may include conditions placed upon the development of the property. The Planning and Zoning Commission and City Council shall consider the following, at a minimum, in conjunction with its deliberations for approval or denial of the application and the establishment of conditions:

(a)

Consistency with the Future Land Use Plan.

(b)

Conformance with applicable regulations in this chapter and standards established by the regulations.

(c)

Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk, scale, setbacks and open spaces, landscaping and site development, and access and circulation features.

(d)

Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent that such impacts exceed those which reasonably may result from use of the site by a permitted use.

(e)

Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare.

(f)

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use.

(g)

Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards of impacts.

(h)

Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.

(i)

Adequacy and convenience of off-street parking and loading facilities.

(2)

The Planning and Zoning Commission, in recommending favorably upon an application for conditional use, must make all of the following findings of fact:

(a)

The proposed use is in accord with the objectives of these regulations and the purposes of the district in which the site is located.

(b)

That the proposed use will comply with each of the applicable provisions of these regulations.

(c)

That the proposed use and site development, together with any modifications applicable thereto, will be completely compatible with existing or permitted uses in the vicinity.

(d)

That the conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area, and that the prescribed zoning standards do not provide enough mitigation of the impacts identified, thus warranting stricter standards, if so recommended.

(e)

The Commission has given due consideration to all technical information supplied by the applicant.

(f)

That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

(Ord. No. 581, § 5.3, 1-22-07)

(1)

Purpose. The development and execution of a zoning ordinance is based upon the division of the City into zoning districts. Within each zoning district, the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are specific uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without special consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses may be either public or private and are of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(2)

Scope. A Specific Use is not considered a zoning change and does not require a zoning map amendment (rezoning). A Specific Use Permit may be subject to stated conditions required to make the use compatible with other uses permitted in the same zone or vicinity, as determined by City Council. A Specific Use Permit is NOT considered to be transferable from property owner to property owner or tenant to tenant and cannot be transferred from property to property. In other words, a Specific Use Permit is only issued to a specific tenant or user of the property and/or facility for that tenant or user's use.

The difference between a Specific Use and Conditional Use is that a Conditional Use allows a parcel of land or property to be used in a manner that deviates from normally accepted activities in that area; whereas, a Specific Use allows a parcel of land or property to be used in a manner that DOES NOT deviate from normally accepted activities in that area, but which activities at that specific property may require more restrictive control or oversight by the governing authority; for example, although the type of use or combination of uses meets the criteria and general definition of that zoning district, the use or combination of uses at that SPECIFIC property may not meet the criteria and general definition of that zoning district due to safety concerns and, therefore, requires certain conditions, if permitted at all.

(3)

Process.

(a)

Application.

1.

An owner of the subject property or other person expressly authorized in writing by the owner of property in the City may file an application to use such land for one (1) or more of the specific uses authorized within the zoning districts of this title.

2.

An application for a specific use shall be filed with the zoning administrator. All applications for a specific use shall be filed in accordance with City filing requirements, including Section 4-5-55. Once it is determined by the zoning administrator that the application is complete, the zoning administrator shall schedule the application for consideration by the Planning and Zoning Commission.

(b)

Action by the Planning and Zoning Commission.

1.

Required Notice and Hearings. The Planning and Zoning Commission shall consider the specific use no more than thirty (30) days of receipt of a complete application. The Planning and Zoning Commission shall then conduct a public hearing on the requested specific use. Written notice of any such public hearing shall be mailed to all owners of real property, according to the most current County tax rolls, lying within two hundred (200) feet of the property for which a specific use is proposed. Such notice shall be mailed not less than ten (10) days before the date set for hearing. A legal notice giving the time and place of such hearing shall be published not less than fifteen (15) days before the date set for hearing. If an application or petition has been filed, the party responsible shall appear in person or by agent. The Commission shall act upon the specific use request as originally submitted or modified. If, in the Planning and Zoning Commission's judgment, the application does not contain sufficient information to enable the Planning and Zoning Commission to properly discharge its responsibilities, the Planning and Zoning Commission may request additional information from the applicant. In that event, the thirty-day period shall be suspended pending receipt of all requested information and/or the public hearing may be continued.

2.

Planning and Zoning Commission Action. Upon consideration, the Planning and Zoning Commission shall vote to recommend either approval, approval with conditions or denial of the specific use, and such recommendation shall be forwarded to the City Council. The Planning and Zoning Commission shall make findings, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in Subsection (4) below.

(c)

Action by City Council.

1.

Required Notice and Hearings. A public hearing shall be held by the City Council before adopting any proposed specific use request. Notice of such hearing shall be given by publication in the official publication of the City of Universal City, Texas, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first day of such publication. If an application or petition has been filed, the owner shall appear in person or by agent.

2.

City Council Action. After receiving a recommendation from the Planning and Zoning Commission, and upon consideration, if the City Council is satisfied that a proposed specific use request is justified, it shall approve the proposed specific use request. If modifications are required, such modifications shall be conditions to approval and clearly stated in writing. If the City Council is satisfied that the proposed specific use request is not justified, it shall disapprove the proposed specific use request. If an application or petition has been denied, the reasons for disapproval shall be clearly stated in writing and reflected in the official minutes of the meeting.

(d)

Conditions on Specific Uses.

1.

The Planning and Zoning Commission may recommend, and the City Council may impose, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the specific use as may be deemed necessary for the protection of the public interest.

2.

Upon approval of a specific use by City Council, the City shall issue a specific use permit to the applicant stating the scope of approval, including conditions, if any, as required by City Council.

(4)

Approval Standards for Specific Use Permits. No specific use shall be recommended for approval by the Planning and Zoning Commission and approved by the City Council unless it has made findings, based upon the evidence presented at the public hearing, to support each of the following conclusions:

(a)

The proposed use is in accord with the objectives of these regulations and the purposes of the district in which the site is located.

(b)

That the proposed use will comply with each of the applicable provisions of these regulations.

(c)

That the proposed use and site development, together with any modifications applicable thereto, will be completely compatible with existing or permitted uses in the vicinity.

(d)

That the conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area, and that the prescribed zoning standards do not provide enough mitigation of the impacts identified, thus warranting stricter standards, if so recommended.

(e)

The Commission has given due consideration to all technical information supplied by the applicant.

(f)

That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

(5)

No Presumption of Approval. The listing of a use as a specific use within a zoning district does not constitute an assurance or presumption that such specific use will be approved. Rather, each proposed specific use shall be evaluated on an individual basis, in relation to all applicable standards of this title. Such evaluation will determine whether approval of the specific use is appropriate at the particular location and in the particular manner proposed.

(6)

Revocation of Specific Use. A specific use may be revoked by the City Council after a finding of the existence of any one (1) of the following conditions or of the occurrence of any of the following events:

(a)

Any of the provisions of this section or the zoning ordinance, or any of the terms and conditions of the specific use permit are violated.

(b)

A building permit for the construction of the structure(s) for which a specific use permit was granted is not issued, through no fault of the City, within one (1) year of the granting of the specific use permit by the City Council, and the erection or alteration of a building is not started or the use is not commenced within such one-year period.

(c)

Whenever an existing specific use is discontinued, changed to or replaced by a permitted use.

(7)

Limitations on Denials. No application for a specific use, which has been denied by the City Council, shall be reconsidered for a period of one year from that date of denial.

(Ord. No. 581-P-2020, § 2)

In accordance with Sections 4-5-52 and 4-5-54, an Events Center petitioner shall submit an application that identifies at least two (2) and any combination of the following uses, as well as hours of operation, a site plan and/or floor plan, and requisite State licenses, if any. Note, if a Mobile Food Truck is identified as one (1) of the uses, then at least a total of three (3) of the following uses needs to be identified in the application:

•

Club or Lodge — see Definitions section, including definition for Cocktail Lounge.

•

Indoor Entertainment — see Definitions.

•

Banquets & Parties — see definitions for Indoor Entertainment and Cocktail Lounge.

•

Group Events — see definitions for Indoor Entertainment and Cocktail Lounge.

•

Awards Ceremonies — see definitions for Indoor Entertainment and Cocktail Lounge.

•

Corporate Events — see definition for Indoor Entertainment.

•

Wedding Receptions — see definitions for Indoor Entertainment and Cocktail Lounge.

•

Entertainment — Dances & Shows — see definitions for Indoor Entertainment and Cocktail Lounge.

•

Training Events — see definitions for Business or Trade School and Indoor Entertainment.

•

Business Meetings — see definitions for Business or Trade School and Indoor Entertainment.

•

Socialization — see definition for Indoor Entertainment.

•

Indoor Sports & Recreation — see Definition section, including definition for Cocktail Lounge.

•

Amusement Redemption — see definition for Indoor Sports & Recreation.

•

Game Room — see definition for Indoor Sports & Recreation.

•

Bingo — see definition for Indoor Sports & Recreation.

•

Restaurant — see definition for Restaurant, General.

•

Cocktail Lounge — see Definitions section.

•

Guidance Services — see Definitions section; however, does not allow for residential or full daytime care.

•

Education Classrooms — see definitions for Business or Trade School, and Guidance Services; however, does not allow for residential or full daytime care.

•

Psychological Services — see definition for Guidance Services.

•

Counseling — see definition for Guidance Services.

•

Social Services — see definition for Guidance Services.

•

Economic Empowerment — see definition for Personal Improvement Services.

•

Enrichment — see definition for Personal Improvement Services.

•

Fitness & Health — see definition for Personal Improvement Services.

•

Nourishment & Nutrition — see definition for Personal Improvement Services.

•

Spiritual Services — see definition for Personal Improvement Services.

•

Health Care Office — see Definitions section.

•

Medial Assistance (clinic) — see definition for Health Care Office; however, does not include inpatient services.

•

Cultural Services — see Definitions section.

•

Community Recreation — see Definitions section.

•

Food Pantry/Bank — see State statute definition.

•

Mobile Food Truck — see Definitions section.

(Ord. No. 581-P-2020, § 5, 4-7-20)

(1)

Purpose. Planned Unit Developments (PUD) are included in this zoning ordinance as a distinct zoning district. The PUD zoning process is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties that are to be developed in accordance with a common development scheme of planned associations of uses. PUD zoning is designed to accommodate various types of development, such as single-family residential, multiple housing development, neighborhood and community shopping centers, professional and administrative areas, industrial and business parks, and other uses or a combination or mix of uses. A PUD may be used to permit new or innovative concepts in land use and standards not permitted by zoning or subdivision standards in this chapter or to permit development projects that existing zoning districts do not easily accommodate. Through the flexibility of the PUD technique, the City seeks to achieve the following specific objectives:

A.

Encourage flexibility in the development of land and in the design of structures.

B.

Encourage planned diversification in the location of structures.

C.

Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other sections of this Chapter.

D.

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities.

E.

Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of other chapters of this title.

F.

Encourage the construction of appropriate amenities and aesthetic appeal that will enhance the character of the site.

G.

Guarantee quality construction commensurate with other developments within the community, and compatible with the character of the surrounding area and adjoining properties.

H.

Facilitate the implementation of the City land use policies, particularly with respect to areas designated for potential development and redevelopment.

I.

Encourage quality construction and design through an efficient application procedure that is sensitive to the need for expeditious development review.

(2)

Initiation. An application for a PUD may be filed by the owner of record, or any person(s) having a contractual interest in the property for which the PUD is proposed. However, all owners of record of such property must execute the application.

(3)

Authorization. A PUD may be authorized and established as a free-standing PUD District. A PUD shall be granted in accordance with the procedures and standards of this chapter, and the zoning map amendment provisions of Section 4-5-24 (Zoning map amendment process).

(4)

Uses Permitted. A PUD may be approved for any use or combination of uses allowed under the zoning ordinance, including specific use permits. The uses permitted in any specific PUD District shall be enumerated in the ordinance establishing such district.

(5)

Procedure for Establishing PUD District Standards. In approving the development plan (preliminary and final plans) and the ordinance establishing the PUD District, the City Council shall, after recommendation of the Planning and Zoning Commission, specify such maximum height, floor area, density, and minimum off-street parking and loading standards within the limits of those specified in the district for the specified uses involved, as is appropriate for the development. The City Council shall, after recommendation of the Planning and Zoning Commission, establish the standards for yards, signs, building spacing, site coverage, access, screening walls or landscaping, building area, open space, pedestrian ways, public or private streets, and existing alleys to be observed in the PUD District and such standards shall be specified in the ordinance establishing the specific PUD District.

(6)

General Standards for Planned Unit Developments.

A.

The entire property proposed for the PUD shall be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners of all tracts.

B.

The applicant shall have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which the PUD may be established pursuant to this section.

C.

All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the PUD shall stipulate that they may not be modified, removed or released without the express consent of the City Council and that they must be enforced by future landowners within the proposed development.

D.

The applicant may be required to submit a proposed Development Agreement as part of the PUD application. As part of the PUD approval, the City must approve the Development Agreement.

E.

Any area of a PUD not used for structures, streets, or parking lots, shall be landscaped. The perimeter of the PUD shall be designed to ensure compatibility with uses surrounding the PUD by including uses within the PUD that are compatible with such surrounding uses, including setbacks, screening, or natural or man-made buffers within such perimeter.

F.

Private streets are prohibited unless expressly approved by the City Council. If so approved, they shall meet all City construction standards applicable to public streets. No such streets shall be approved except upon the condition that they shall be owned and maintained by a property owners' association meeting the requirements set forth in this section.

G.

Whenever the City Council determines that development of a PUD will create a need for land for public purposes of the City within the proposed PUD, the City Council may require that such land be designated and dedicated to the City for such use. In addition, the City Council may require evidence that all requirements of City ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met with respect to the proposed PUD.

H.

Thirty (30) percent of the area of a residential-only PUD is required to be set aside and maintained as common open space. This thirty (30) percent shall be calculated based on the net area of the site, which is the total area of a site available for development, excluding street rights-of-way, floodplains, and other publicly dedicated improvements. The location of common open space shall be consistent with its intended function as set forth in the application and PUD plans. No such open space shall be used for the construction of any structure or improvement except such structures and improvements as may be approved in the final plan as appropriate to the intended leisure or recreational uses for which such open space is intended.

1.

The following uses shall be considered common open space:

a.

Parks and playgrounds, including skate parks and dog parks.

b.

Indoor or outdoor active recreation facilities, including basketball courts, ball fields, swimming pools and tennis courts.

c.

Jogging trails, bike trails and fitness courses.

d.

Nature preserves, bird sanctuaries, natural water features and similar conservation areas.

e.

Detention/retention ponds may be counted toward common open space but must be accessible to the public via nature trails, boardwalks, and/or perimeter walkways, and they must be designed as natural water features and landscaped with native vegetation. Detention/retention ponds may only count toward twelve (12) percent of the common open space area requirement.

2.

Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement, or development other than that shown on the approved final plan. The safeguards must be perpetual and must run with the land. Such safeguards may be released, but only with the express written consent of the City Council, which shall occur at a public meeting.

3.

The final plan shall include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation in accordance with predetermined standards.

4.

When the requirements of this section are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association shall meet each of the following standards:

a.

The by-laws and rules of the association and all declarations, covenants, and restrictions to be recorded must be included as part of the final plan prior to the final plan becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this chapter.

b.

The association must be established and all covenants and restrictions must be recorded prior to the sale or lease of any property within the area of the PUD designated to have the use of the proposed open space or improvements.

c.

The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.

d.

Membership in the association must be mandatory for each property owner and any successive owner having a right to the use or enjoyment of such open space or improvements.

e.

Every property owner having a right to the use or enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with state statutes.

f.

The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than two-thirds of the members voting on the issue.

g.

PUDs shall not adversely affect the natural environment of the community as a whole. Natural assets and features, such as existing trees and native vegetation, shall be protected and preserved to the greatest extent practical.

h.

The site shall be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development shall be adequate to serve the uses within the development. The applicant shall be responsible for the cost and installation of additional traffic controls and regulating devices that are required.

i.

The pedestrian circulation system and its related walkways shall be located to provide for separation of pedestrian and vehicular movement and for maximum pedestrian safety.

j.

All PUDs shall provide for underground installation of utilities, including electricity, cable and telephone. Provisions shall be made for acceptable design and construction of storm sewer facilities and appropriate storm retention and detention devices. The construction and maintenance of all utilities, roadways, parking facilities and other site improvements shall be in accordance with the requirements of this title and other regulations of the City.

[(7)]

Process. Approval of a PUD is a four-step process that includes pre-application consultation, concept plan, preliminary plan, and final plan. No plats shall be recorded and no building permit shall be issued until a final plan has been approved.

A.

Pre-Application Consultation. Prior to the filing of an application for a PUD, the applicant shall confer with the zoning administrator, as well as other City staff the zoning administrator deems appropriate to confer with, regarding the proposed development. At the pre-application meeting the applicant shall provide information as to the location of the proposed PUD, the proposed uses, proposed public and private improvements, and any other information necessary to clearly explain the PUD. The purpose of such pre-application presentation and conference is to make advice and assistance available to the applicant before preparation of the optional concept plan or required preliminary plan, so that the applicant may determine:

1.

Whether the proposed PUD appears in general to be in compliance with the provisions of this title and other applicable regulations.

2.

Whether the proposed PUD will be in conformity with the goals and policies of the City for development. The pre-application conference does not require formal application, fee or filing of a PUD application.

Any opinions or advice provided by the zoning administrator or other City staff shall be in no way binding with respect to any official action the Planning and Zoning Commission or City Council may take on the subsequent formal application.

B.

Concept Plan.

1.

Before submitting a formal application for a PUD, the applicant shall, at the discretion of the zoning administrator, present a concept plan before the City Council for the purpose of obtaining information and guidance prior to entering into binding commitments or incurring substantial expense. If a presentation to the City Council is not required, as determined by the zoning administrator, the applicant shall still be required to submit a concept plan to the zoning administrator for review. At minimum, the concept plan shall consist of the following:

a.

A map or maps in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed within the PUD, the location of all adjacent public streets, thoroughfares and public utilities, and schematic drawings showing the size, character and disposition of buildings on the site.

b.

A written statement containing a general explanation of the PUD, including a statement of the present ownership of all the land within said development and the expected schedule of construction.

2.

The City Council shall review the concept plan at a meeting and provide such information and guidance as it deems appropriate. Members of the Planning and Zoning Commission shall be invited to the concept plan review meeting in order to offer input on the proposed PUD.

3.

Any opinions or advice provided by the City Council shall be in no way binding with respect to any official action the Planning and Zoning Commission or City Council may take on the subsequent formal application. The review of the concept plan shall not be a public hearing and any failure to observe formal procedures shall not affect the ultimate validity of any enabling legislation.

C.

Preliminary Plan. All applications for a PUD shall contain a preliminary plan that shall be filed with the zoning administrator, who shall forward a copy of the same to the Planning and Zoning Commission. When a subdivision of land subject to Chapter 4-2, Article II of this Code is proposed in connection with a PUD, the applicant shall file an application for approval of a preliminary plat of the proposed subdivision simultaneously with the application for PUD preliminary plan approval.

1.

Preliminary Plan Submittal. The preliminary plan shall include, depict, and describe the basic scope, character and nature of the entire proposed PUD, and shall include the following elements:

a.

A written statement containing the following information:

i.

A statistical tabulation of the acreage amounts of all land uses proposed.

ii.

The type and number of dwelling units for any proposed residential land uses.

iii.

The stages in which the project will be built and the approximate dates when construction of each phase is expected to begin and to end.

b.

A site inventory analysis including a scale drawing showing existing vegetation, natural watercourses, creeks or bodies of water and analysis of planned changes in such natural features as a result of the development. This should include a delineation of any flood prone areas.

c.

A scale drawing showing any proposed public or private streets and alleys; building sites or lots, and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width of all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour interval of not more than five (5) feet.

d.

A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between buildings and property lines, street lines and alley lines. The site plan shall also show the arrangement and provision of off-street parking.

e.

A landscape plan showing screening walls, ornamental planting, wooded areas, and trees to be planted.

f.

The general architectural style, the types of building materials, the colors, and the conceptual elevation drawings for all buildings, fences, signs and other structures.

g.

A proposed utility plan which shall be drawn on a print of the proposed land use plan (site plan). The proposed utility plan shall show the location and dimensions of all existing and proposed sanitary sewer, storm sewer, and water lines, drainage ditches, culverts, water retention areas, utility easements, and overhead utility lines, on and adjacent to the subject property.

h.

A traffic study, if requested by the City, indicating the volume of traffic to be generated by the PUD and proposing any special engineering design features and/or traffic regulation devices needed to ensure efficient and safe traffic circulation to, through, and around the PUD.

i.

An economic impact study, if requested by the City, detailing the impact the PUD will have upon the taxing bodies within which the proposed PUD is located. In addition, the expected number of students to be generated by any residential portion of it shall also be quantified.

j.

Market study, if requested by the City.

2.

Preliminary Plan Procedure. The procedure for preliminary plan approval shall be:

a.

Action by the Planning and Zoning Commission.

i.

The Planning and Zoning Commission shall review the preliminary plan at a public hearing within sixty (60) days of receipt of a complete application. If, in the Planning and Zoning Commission's judgment, the application does not contain sufficient information to enable the Planning and Zoning Commission to properly discharge its responsibilities, the Planning and Zoning Commission may request additional information from the applicant. In that event, the sixty-day period shall be suspended pending receipt of all requested information.

ii.

Within sixty (60) days of the close of the public hearing, the Planning and Zoning Commission shall either:

(a)

Recommend approval or denial of the preliminary plan and submit its written recommendation to the City Council.

(b)

Advise the applicant in writing of any recommended changes, additions or corrections to the preliminary plan. The applicant may, within thirty (30) days, submit the revised preliminary plan for Planning and Zoning Commission consideration at a continuation of, or at a new, public hearing. The applicant may do so without paying an additional filing fee. The Planning and Zoning Commission shall then recommend approval or denial of the preliminary plan and submit its written recommendation to the City Council.

iii.

Such recommendation shall include:

(a)

Findings of fact.

(b)

Specify the reason or reasons for such recommendation or decision.

(c)

A conclusion or statement setting forth the recommendation.

(d)

Any recommended limitations or conditions.

b.

Action by the City Council. The City Council, after receipt of the recommendations from the Planning and Zoning Commission, shall approve, approve with conditions, table until the next meeting, or deny the preliminary plan within thirty (30) days following the receipt of the recommendations of the Planning and Zoning Commission.

i.

If the preliminary plan is denied, the City Council shall state in writing the reasons for the denial and such writing shall be filed with the zoning administrator and a copy shall be sent to the applicant.

ii.

If the preliminary plan is approved, the applicant shall submit a final plan for the PUD.

3.

Limitations.

a.

No PUD that has been denied by the Planning and Zoning Commission or City Council shall be reconsidered for a period of six (6) months from that date of denial.

b.

The approval of a preliminary plan shall automatically expire and be rendered void and the zoning administrator shall, without further direction, initiate an appropriate application to revoke PUD ordinance for all portions of the PUD area that have not yet been completed, if:

i.

An application for approval of a final plan has not been filed within two (2) years, or such greater length of time as the City Council may approve, after the date the City Council grants preliminary plan approval.

ii.

The applicant shall in any other manner fail to comply with any condition of this title or any approval granted pursuant to it.

D.

Final Plan. Within two (2) years following the approval of the preliminary plan, the applicant shall file with the zoning administrator a final plan containing in final form the information required for the preliminary plan. When a subdivision of land subject to Chapter 4-2, Article II of this Code is proposed in connection with a PUD, the applicant shall file an application for approval of a final plat of the proposed subdivision simultaneously with the application for PUD final plan approval. Note the PUD final plan is distinct from the PUD construction/engineering plans for the subject property and/or subdivision improvements; however, the PUD applicant may, at their risk, submit the PUD construction/engineering plans concurrently with the PUD final plan, but shall be required to pay for costs incurred by the City's reviewing consultant, if applicable.

1.

Final Plan Submittal.

a.

A final site plan and final plat drawn to an appropriate scale shall include the following information:

i.

Final designation of the location, ground area, height, bulk and exact dimensions of all existing and proposed buildings and structures within the planned development.

ii.

A detailed tabulation of each separate land use area, including land and building areas, and where applicable, the total number of residential dwelling units, the number of bedrooms in each unit, and the residential density.

iii.

The use or uses to be made of such existing and proposed buildings or structures.

iv.

The dimensions of all perimeter setbacks and the distances between all buildings and structures.

v.

The final location and dimensions of all pedestrian walkways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscaping.

vi.

The exact location and dimensions of any areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, places of worship, school sites, public buildings, or for any other public or quasi-public use.

b.

An accurate legal description of the entire zoning lot upon which the PUD is to be located, and a legal description of each separate subdivided parcel, including any areas to be conveyed, dedicated or reserved for public or quasi-public uses.

c.

All covenants, easements, agreements, development agreements and other provisions required to govern the use, maintenance and continued protection of the PUD, along with an agreement assuring that the applicant, any subsequent owner or, where applicable, a homeowners' association shall be responsible for all street, utility and common open space maintenance within said development and refuse disposal.

d.

All plats, certificates, seals and signatures required for the dedication or vacation of land and/or the recording of the final site plan.

e.

If subdivision of the development site is included in the PUD, a plat of subdivision shall be prepared suitable for recording with the recorder of deeds. Such plat of subdivision shall be prepared in the same form and meet the same specifications required for a normal subdivision as prescribed in the City 's subdivision regulations. In like manner, if a vacation or dedication of a public street or alley is included, a plat of vacation or dedication shall be prepared.

f.

A detailed landscape and irrigation plan based on final architectural decisions indicating the specific location and character of all landscaping, including the size and species of all trees, shrubs, hedges and other groundcover, the location, size and type of all screening and fencing and the location, height, design and illumination characteristics of all external lighting fixtures within the development.

g.

A detailed utilities and drainage plan based on final architectural decisions indicating the size and location of all water distribution lines, sanitary sewers, stormwater drainage facilities, main power lines, phone lines and other utilities, including all easements, required to serve the planned development. The drainage plan shall include the manner in which surface drainage will be controlled and managed consistent with all applicable City regulations. The utilities and drainage plan will also be submitted to planning and the City engineer for review.

h.

A development and construction schedule by phase.

i.

Typical building elevations, including color and materials callouts, and schematic design presentations indicating the architectural character of all proposed buildings and structures based on final architectural decisions and prepared in detail.

j.

Detailed drawings and design presentations of all signs to be erected within the PUD.

k.

A description of the public benefits and amenities to be provided.

2.

Final Plan Process.

a.

Action by Planning and Zoning Commission.

i.

Within sixty (60) days after the filing of an application for approval of a final plan, the Planning and Zoning Commission shall review the final plan in a public hearing and transmit to the City Council its recommendation on the final plan. Such review shall consider:

(a)

Whether the final plan is in substantial conformity with the approved preliminary plan.

(b)

The merit or lack of merit of any departure of the final plan from substantial conformity with the approved preliminary plan.

(c)

Whether the final plan complies with any and all conditions imposed by approval of the preliminary plan.

(d)

Whether the final plan complies with the provisions of this zoning ordinance and all other applicable federal, state and City codes, ordinances, regulations, and other laws.

ii.

Each recommendation, as described in item iii below, of the Planning and Zoning Commission shall include:

(a)

Findings of fact.

(b)

The reason or reasons for such recommendation or decision.

(c)

Any recommended limitations or conditions.

(d)

A conclusion or statement separate from the findings of fact setting forth the recommendation or decision.

iii.

The Planning and Zoning Commission shall make one (1) of the following types of recommendations to the City Council in regard to the final plan:

(a)

Recommendation of approval based on substantial conformity, if the Planning and Zoning Commission finds:

(1)

Substantial conformity between the final plan and the approved preliminary plan.

(2)

That the final plan is in all other respects complete and in compliance with any and all conditions imposed by approval of the preliminary plan.

(3)

That the final plan complies with the provisions of this zoning ordinance and all other applicable federal, state, and City codes, ordinances, regulations, and other laws.

The Planning and Zoning Commission shall transmit the final plan to the City Council with its recommendation that the City Council approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval. However, in no event shall such conditions of approval impair the rights granted by the preliminary plan approval.

(b)

Recommendation of approval without substantial conformity, if the Planning and Zoning Commission finds that the final plan lacks substantial conformity to the preliminary plan but merits approval notwithstanding such lack of conformity and otherwise conforms to the requirements of this zoning ordinance, it shall transmit the final plan to the City Council with its recommendation that the final plan be approved, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

(c)

Recommendation of denial, if the Planning and Zoning Commission finds that the final plan is not in substantial conformity with the approved preliminary plan and does not merit approval, or does not comply with the other conditions, laws, or criteria. The Planning and Zoning Commission shall transmit the final plan to the City Council together with its recommendation that the final plan not be approved.

b.

Action by City Council.

i.

Within thirty (30) days after the receipt of the recommendation of the Planning and Zoning Commission, the City Council shall:

(a)

Approve the final plan by a duly adopted ordinance.

(b)

Reject the final plan by a duly adopted ordinance or resolution.

(c)

Refer the final plan back to the Planning and Zoning Commission for further consideration of specified matters, with or without a new hearing, as may be required.

ii.

The approval of any final plan may be granted with or without modifications and conditions to be accepted by the applicant as a condition of approval. However, in no event shall such conditions of approval impair the rights granted by the preliminary plan approval.

3.

Approval. After final plan approval, the final plan, rather than any other provision of this zoning ordinance, shall constitute the parking, loading, sign, bulk and yard regulations applicable to the subject property. Thus, the property within the PUD shall be used and developed only in accordance with the final plan and the PUD District ordinance granted for the subject property.

[E.]

Concurrent Preliminary and Final Plan Submittal. The applicant may submit an application for approval of a final plan simultaneously with the application for approval of a preliminary plan and, in such case, the preliminary plan and the final plan may be comprised of the same document or documents. In such case, the applicant shall comply with all provisions of this zoning ordinance applicable to submission of the preliminary plan and to submission of the final plan. The Planning and Zoning Commission and the City Council shall consider such plans simultaneously and shall grant or deny, or recommend granting or denying, as the case may be, final plan approval in accordance with the provisions of this chapter.

[(8)]

Adjustments to Approved Final Plans. No adjustments may be made in the approved final plan, except upon application to the City, according to the following provisions:

A.

During Construction. During the construction of the PUD, the procedure shall be as follows:

1.

Minor Adjustments. During the development of a PUD, the zoning administrator may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering difficulties first discovered during actual development. Such minor adjustments shall be limited to the following:

a.

Altering the location of any one (1) structure or group of structures by not more than twenty (20) feet or one-fourth (¼) of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the PUD, whichever is less.

b.

Altering the location of any circulation element by not more than twenty (20) feet or one-fourth (¼) of the distance shown on the approved final plan between such circulation element and any structure, whichever is less.

c.

Altering the location of any open space by not more than fifty (50) feet.

d.

Altering any final grade by not more than twenty (20) percent of the originally planned grade.

e.

Altering the location or type of landscaping elements.

Such minor adjustments shall be consistent with the intent and purpose of this zoning ordinance and the final plan, as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this zoning ordinance.

2.

Major Adjustments. Any adjustment to the final plan not authorized by subsection A.1 above shall be considered to be a major adjustment and shall be granted only upon application to, and approval by, the City Council. The City Council, by ordinance duly adopted, may grant approval for a major adjustment without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with the final plan. If the City Council determines that a major adjustment is not in substantial conformity with the final plan as approved, then the City Council shall refer the request to the planning and zoning commission for public hearing and review.

B.

After Construction. After the completion of construction of the PUD, all changes to the final plan must be made by the City Council as an amendment to the PUD ordinance at a public meeting. No changes may be made in the final plan unless they are required for the continued successful functioning of the PUD, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the City.

[(9)]

Inspections During Development.

A.

After approval of the final plan of a PUD or any stage thereof, the zoning administrator shall review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule. Such review and comparison shall be conducted at least annually until completion of the PUD.

B.

If the zoning administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final plan, then the zoning administrator shall notify the City Council of such fact and may, if necessary to protect the public health, safety, or welfare or to prevent further violation of this zoning ordinance and the final plan, issue an order stopping any and all work on the PUD until such time as any noncompliance is cured.

C.

Within sixty (60) days after notification by the zoning administrator, the City Council shall either:

1.

Take such steps as it deems necessary to compel compliance with the final plan.

2.

Require the owner or applicant to seek an adjustment to the final plan during development provided as in Subsection (8) (Adjustments to approved final plans).

D.

Failure of the City Council to act within sixty (60) days shall, unless the owner or applicant shall have cured the noncompliance within such period, render void the final plan approval as it relates to all uncompleted portions of the PUD, all prior plan approvals on which such final plan approval depends, and all permits based upon such approvals. The zoning administrator shall, without further direction, initiate an appropriate action to revoke the special permit for all portions of the PUD that have not yet been completed. Additionally, the zoning administrator shall take such other action as may be appropriate to abate the violation.

[(10)]

Revocations and Extensions. If construction work on the proposed PUD has not begun within eighteen (18) months from the date of authorization by the City Council, the authorization shall become null and void and all rights shall lapse. However, the applicant can request an extension, upon his/her written application, filed prior to the termination of the eighteen-month time limit. The City Council may authorize a single extension of not more than twelve (12) months without a public notice.

[(11)]

Conditions and Guarantees.

A.

The approval of either a preliminary plan or a final plan may be conditioned on such matters as may be necessary or desirable to prevent or minimize any possible adverse effects of the proposed PUD, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this zoning ordinance, Chapter 4-5 of this Code, and City land use policies. However, no such condition of final plan approval shall impair the rights granted by preliminary plan approval. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this zoning ordinance and shall constitute grounds for revocation of all approvals granted for the PUD.

B.

Whenever any PUD approval granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant shall file an affidavit with the zoning administrator stating that it has complied with such conditions or limitations within thirty (30) days after compliance therewith.

(Ord. No. 581-W-2021, § 2, 1-19-21)